"We filed our Japanese trademark in the name of our Chinese parent company, but now the Japanese subsidiary should own it."
"Our company merged with another group company while the application was still under examination. What do we need to do?"
Group restructuring, setting up a Japanese subsidiary or selling a brand often means the applicant must change while a Japanese trademark application is still pending. This article, by Toru Kano, Japanese Patent Attorney at BrandAgent (Kyoto), explains how to do it.
Key points
- Before registration: file a "Notification of Change of Applicant" (shutsugan-nin meigi henko todoke) with the JPO.
- After registration: a different procedure — an application to register the transfer of the trademark right.
- Assignment = "specific succession"; merger, company split or inheritance = "general succession". The documents differ.
- An assignment only takes effect when the notification is filed with the JPO.
Before and after registration: which procedure?
| Status of the mark | Procedure | Official fee |
|---|---|---|
| Pending application | Notification of change of applicant | JPY 4,200 per application |
| Registered trademark | Application for registration of transfer | JPY 30,000 per registration (assignment) |
If you already know the subsidiary will own the mark, changing the applicant before registration is cheaper than transferring the registered right later. It also avoids JPO notices going to the wrong company.
Assignment (specific succession)
Typical cases:
- A Chinese parent company assigns the application to its Japanese subsidiary (or the other way round)
- An individual founder assigns the application to the company
- A brand is sold together with a business
- A co-applicant gives up its share
Either the assignee or the assignor can file the notification. Through a Japanese patent attorney, this is normally done online.
Documents
| Cause | Proof required |
|---|---|
| Assignment | Deed of assignment (or a contract proving the assignment), signed by the assignor |
| Waiver of a share | Declaration of waiver |
| Both cases | Power of attorney for the Japanese patent attorney |
The deed of assignment must be submitted as an original; a simple copy is not accepted in principle. Japanese companies use a registered company seal, while foreign companies sign. Documents in Chinese or English need a Japanese translation. We will send you a ready-to-sign template so the names and application numbers match the JPO records exactly.
Timing rules
Check the date of assignment
- The assignment date cannot be earlier than the filing date of the application.
- The assignment date cannot be later than the date the notification is filed.
- If the deed has no assignment date, the date the deed was signed is treated as the assignment date.
- The assignment takes effect when the notification is filed. Documents filed afterwards (e.g. a response to an Office Action) must name the new applicant.
Merger, company split or inheritance (general succession)
When rights pass as a whole — through a merger, company split or inheritance — the change takes effect on the date of the merger or split itself, not on the date of the notification. The notification is still needed so the JPO records are correct.
| Cause | Typical proof |
|---|---|
| Merger | Official document showing the merger (for a foreign company, e.g. a certificate from the company registry), with Japanese translation |
| Company split | Document showing the split, plus a certificate that the trademark application was succeeded |
| Inheritance | Documents proving the heirs |
Practical points for foreign companies
- One deed for several applications: if the assignor, assignee and terms are the same, one deed of assignment can cover several applications.
- Use exactly the same names and addresses as in the application. If the applicant's name or address has also changed, that must be recorded too.
- Do it before registration if you can: it is cheaper than a transfer after registration.
- Check the deadlines: if an Office Action response is due, file the change first so the response is filed in the new applicant's name.
FAQ
Q. Who can file the notification?
A. In an assignment, either the assignee or the assignor. A Japanese patent attorney normally files it with a power of attorney.
Q. Does the deed of assignment need to be notarised?
A. An original signed by the assignor is normally required. A notarised copy may be accepted in some cases. We will tell you exactly what to prepare.
Q. What does the deed need to state?
A. The assignor, the assignee, the application number, the content of the assignment and the date. The date must fall between the filing date and the notification date.
Q. What is the official fee?
A. JPY 4,200 per application for a change of applicant. After registration, a transfer costs JPY 30,000 per registration.
Related articles
- Buying or Selling a Japanese Trademark: Assignment Procedure, Documents and Costs
- Should You Register Your Company Name as a Trademark in Japan? Guide for Foreign Companies
- Japanese Trademark Office Action (Notice of Reasons for Refusal): Common Grounds and How to Respond
- How to Register a Trademark in Japan: Step-by-Step Guide for Foreign Applicants [2026]
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BrandAgent Patent Office (Kyoto, Japan)
Toru Kano, Japanese Patent Attorney